Legal Question in Family Law in Florida

Residency & Divorce & Custody in Florida

My daughter has a young child, born in Florida in 2000,

and moved to NYS when the child was only a few

months old. She and her child have lived here in NYS

at the same location for the last 3.5 years. Her

husband visited from time to time, sometimes months

at a time. She loves her husband, but he wants a

divorce, and she wants to stay in NYS, so she will get a

divorce here in NYS. He convinced her to live with him

in Florida from January 2004 to the end of June 2004, to

try to reconcile. She retained her rented house in NYS,

and he paid the rent with his checks through May 2004.

She kept her NYS driver's license, and filed a temporary

change in mailing address. She and her child retuned

to her rented house in NYS at the end of June. He says

that the Florida laws would mandate that if she wants

custody of the children she must reside within two

counties from where they lived the last few months in

Florida. He may have intentionally tricked her if this is

true. Her name is on the lease for the apartment they

moved into in May 2004, as he convinced her that they

were reconciling. QUESTION: Must she live in Florida if

she is to have custody of the children after the divorce ?

1 Answer from Attorneys

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